Rork v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Tbe case is thus stated, by Mr. Justice Taylob: “This action was brought to restrain tbe.collection of a special assessment made upon tbe real estate of tbe plaintiff, situate in the city of Appleton. Tbe assessment is claimed to have been made to pay in part for grading a street in front of said real estate by tbe direction of tbe authorities of said city.
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APPEAL from tbe Circuit Court for Outagamie County. Tbe case is thus stated, by Mr. Justice Taylob: “This action was brought to restrain tbe.collection of a special assessment made upon tbe real estate of tbe plaintiff, situate in the city of Appleton. Tbe assessment is claimed to have been made to pay in part for grading a street in front of said real estate by tbe direction of tbe authorities of said city. It appears from tbe record that tbe work on tbe street in front of tbe plaintiff’s lot was done in 1873, under a contract made with said city, by one Peter Berg, on or about tbe 25th of…
1Opinion of the CourtTayloe, J.
On the part of the appellant it is contended that the common council had no power to charge his lot with *73the payment of this alleged special tax in tbe first instance, or by way of a reassessment or relevy thereof. This raises two questions: 1. Was the original assessment authorized by law ? 2. If it was not, was the judgment of the circuit court commanding the common council of said city to reassess and relevy the same an erroneous judgment ?
It will be seen, by an examination of the decision of the learned circuit judge, that he does not in his conclusions of law express any opinion upon the…
2Cases cited13 opinions
- Mills v. CharletonWisconsin Supreme Court · 1872
- Clark v. WolfSupreme Court of Iowa · 1870
- Dean v. CharltonWisconsin Supreme Court · 1869
- Dean v. BorchseniusWisconsin Supreme Court · 1872
- State ex rel. Flint v. Common Council of Fond du LacWisconsin Supreme Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bekkedal v. City of ViroquaWisconsin Supreme Court · 1924
- Duniway v. PortlandOregon Supreme Court · 1905
- Schintgen v. City of La CrosseWisconsin Supreme Court · 1903
- Wells v. Western Paving & Supply Co.Wisconsin Supreme Court · 1897
- Murphy v. SummersettWashington Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.